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Justinian I · The Digest of Justinian §3.3.2.pr-3.3.2.1

Appointment of Absent Persons and Madmen as Procurators

Passage 485 of 9271 · Latin

Summary

This chunk explains that appointing an absent person as a procurator requires the person to be specific and subsequently ratify the appointment, and that a madman, lacking mental capacity, cannot be treated as an absent person or ratify such an appointment.

[PAULUS libro octauo ad edictum. ] §3.3.2.prdummodo certus sit qui datus intellegetur et is ratum habuerit.
[PAULUS libro octauo ad edictum.] provided that he who is understood to be appointed is certain, and he has ratified it.
§3.3.2.1Furiosus non est habendus absentis loco, quia in eo animus deest, ut ratum habere non possit.
A madman is not to be regarded in the place of an absent person, because in him mind is lacking, so that he cannot ratify.

Notes

  1. §3.3.2.prdummodo certus sit qui datus intellegetur et is ratum habuerit — The restrictive conjunction `dummodo` ("provided that") governs the subjunctive verbs `sit` and `habuerit`. It sets a condition for the preceding statement that a procurator can be appointed in his absence. The verb `intellegetur` in the relative clause is in the future indicative, referring to the person who will be understood as appointed.
  2. §3.3.2.1animus deest, ut ratum habere non possit — The `ut` clause is a clause of result ("so that..."), expressing the logical consequence that because a madman (`furiosus`) lacks mental capacity (`animus`), he is unable to ratify (`ratum habere`) the appointment.

Cite this passage

Justinian I, The Digest of Justinian §3.3.2.pr-3.3.2.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.2.pr-3.3.2.1

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